Subsurface mineral lands constitute real estate, and treasurer may initiate judicial sale of such mineral lands charged with delinquent taxes. Procedure for judicial sale of subsurface mineral lands is not affected by separate ownership and payment of taxes for surface lands overlying minerals or where mineral owners are not Virginia residents.

The Honorable Kenneth W. Stolle
Member, Senate of Virginia

The Honorable David B. Albo
Member, House of Delegates

General Assembly member who is officer of corporation holding ABC license that is subject of administrative board hearing is party under § 30‑5.

If requested by Federal Highway Administration, removal by MPO of U.S. Route 29 Bypass from its Six-Year Transportation Improvement Plan would require reimburse-ment of funds spent on Bypass; amount equal to such reimbursement would be deducted from primary system highway construction funds for Department of Transportation district in which Bypass is located; amount equal to all state funds expended on Bypass would be deducted from primary system highway construction funds allocated to such district.

No authority for Virginia locality to regulate veterinary medicine within its borders absent specific grant from General Assembly. Ordinance declaring cosmetic alterations of companion animals unlawful exceeds authority granted to locality.

Authority for law-enforcement officials to interview health care providers to preserve vital blood samples, gather evidence, and secure chain of custody of evidence for use in trials of suspected cases of DUI maiming or manslaughter. Secondary disclosure by hospital personnel of health records obtained by law-enforcement officials pursuant to valid search warrant incidental to criminal investigation of such cases does not violate privacy requirements.

No inclusion of unrelated resident's income in calculations to determine whether owner's residential real estate qualifies for elderly or disabled tax exemption or deferral; income exemption in § 58.1‑3211(1)(b) is not applicable to unrelated resident.

07-047

The Honorable R. Creigh Deeds
Member, Senate of Virginia

Commonwealth Transportation Commissioner may not permit installation of water line along road acquired by Commonwealth by prescriptive easement when such road merely has been used as public road. Unless prescrip-tive easement included use of pipeline within right-of-way of such public road, installation of water line creates additional servitude or burden on owner's land outside scope of existing prescriptive easement; any such use must be examined in light of current eminent domain laws to determine whether taking has occurred that requires just compensation.

07‑077

The Honorable Timothy D. Hugo
Member, House of Delegates

No requirement to establish perpetual care trust fund for EcoEternity Forest.

07-053

The Honorable John s. Reid
Member, House of Delegates

Local school boards may not charge for transportation of students to and from school.

07-065

The Honorable Bill Janis
Member, House of Delegates

Locality may not impose restrictions on smoking that are more stringent than those authorized by Act; may not ban all smoking in restaurants.

07-038

Retired U.S. Army counter-intelligence special agents meet definition of ‘qualified retired law enforcement officer' for purposes of § 926C(c)(2) of Law Enforcement Officers Safety Act of 2004; whether remaining requirements of Act are satisfied is determination of fact and not question of law

Nondisclosure provisions of § 32.1‑283.2(D) apply to information acquired by physician solely in capacity as member of local or regional child fatality review team.

Local building official's demolition authority regarding unsafe structures supersedes and overrides demolition authority of historic district review board where structure located in historic district is unsafe or unfit for human occupancy.

Juvenile and domestic relations district courts have original, exclusive jurisdiction to determine custody matters. Court may award custody to nonparent when clear and convincing evidence shows that such determination is in best interests of child. Categories in § 22.1‑3 regarding determination of residence in school district are not exclusive. School district may not refuse to provide free education to bona fide resident of school division based solely on such categories.

Local law-enforcement agency may enter into agreement with Department of Homeland Security to enforce selected immigration laws.

Discretionary authority for Department of State Police to release names of concealed carry handgun permittees, including other associated personal information, pursuant to Virginia Freedom of Information Act request. Identities and locations of crime victim and witness permittees should be protected in interest of public safety. Department has responsibility to refrain from releasing sensitive personal information when interests of public safety demand discretion. Use of concealed carry permit information is limited to law-enforcement personnel for investigative purposes.

Sale of real property after January 1 does not impact real property assessments for current tax year; sale price may be incorporated into fair market value determination for property during annual assessment that follows year of such sale.

Board of Psychology's general practice standards do not authorize licensed applied psychologist, regardless of specialized training, to perform neuropsychological testing or render expert opinion relating to such testing; such acts constitute practice of clinical psychology requiring licensure as clinical psychologist. Licensed applied psychologist must also be licensed clinical psychologist to provide neuropsychological testing.

Requirement that juvenile and domestic relations district courts allow self-represented individuals full access to court files of cases to which they are parties; no requirement to provide notice of such individuals' rights of access to court files.

Students enrolled in for-profit career college in two- or four-year degree program are eligible for state-funded financial assistance under Article VIII, § 10 of Virginia Constitution; students enrolled in program leading to certificate or diploma are not eligible for such assistance. General Assembly may appropriate financial assistance funds directly to private, for-profit, nonsectarian, postsecondary career colleges for benefit of students enrolled in degree program.

No specific obligation for process server to ascertain that residence is actual abode of person to be served prior to posting service; good faith and due diligence require server to make reasonable inquiry when it appears that residence might not be actual abode. Server may not always rely solely on address supplied by party requesting such service.

Compliance with employee certification regarding prior criminal convictions is applicable to school board contracts for services where contractor or his employees reasonably could be expected to be in presence of students during school hours or during school-sponsored activities; whether particular contract is one for services that requires contractor or his employees to be in presence of students must be determined from terms of contract. School board must require certification information from subcontractors and their employees. Affected persons must certify that they have not been convicted of felonies or offenses involving sexual molestation, physical or sexual abuse or rape of child, and disclose convictions of crimes of moral turpitude. Whether certain crime involves moral turpitude depends on facts and nature of crime; crimes involving dishonesty do involve moral turpitude. Where contractor or relevant employee fails to meet certification requirements, contractor is not eligible for award of contract. Authority for school board to revoke contract in event of materially false certification; revocation of required license is within purview of licensing agency.

No authority for York County School Board to prohibit possession of firearms at school board meetings that are not held on school property.

Authority for county, city, or town to provide tax exemptions or deferrals only for real estate or manufactured homes owned by and occupied as sole dwelling of person at least sixty-five years of age or person permanently and totally disabled.  Phrase ‘owned by' refers to persons to whom tax relief may be granted as determined on case-by-case basis.